Chattisgarh High Court
Vinod Kumar Sharma vs Seikh Vajir 30 Cra/2675/2000 Kalam ... on 31 January, 2018
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP227 No. 96 of 2018
• Vinod Kumar Sharma S/o Late P.R. Sharma Aged About 45 Years R/o
Railway Q.No. 13/1 N.E. Colony Bilaspur Tahsil And District Bilaspur
Chhattisgarh
---- Petitioner
Versus
• Seikh Vajir S/o Late Seikh Juman Aged About 38 Years R/o Railway Colony
Bangla Yard Bilaspur Tahsil And District Bilaspur Chhattisgarh. ......(Decree
Holder)
---- Respondent
For Petitioner : Shri A.N. Pandey, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 31/01/2018
1. Heard.
2. The instant petition is against the order dated 08.11.2017, whereby the petitioner's prayer to stay the recovery of the decreetal amount till the application under Order 9 Rule 13 CPC is decided has been rejected.
3. Learned counsel for the petitioner would submit that the petitioner is suffering an ex-parte decree dated 30.09.2015 passed in Civil Suit No.112- B/2015 whereby a decree of Rs.1,18,913/- was granted without notice to the petitioner.
4. Perusal of the order would show that the application under Order 9 Rule 13 CPC is also pending adjudication before the Court below. The trial Court 2 after evaluating the facts can arrive at a fact finding issue, therefore, I am not inclined to interfere with the order. The trial Court is directed to decide the application under Order 9 Rule 13 CPC within a period of 45 days from the date of receipt of this order. With such observation, the writ petition stands disposed of.
Sd/-
Goutam Bhaduri Judge Ashu